DUI
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If you or a loved one has been or may be charged with a crime, you should retain counsel before releasing any information to the investigating bodies.
Mashney Law Offices has several highly experienced attorneys. Don’t risk your freedom or worse on a public defender that you can not trust and whose only interest is becoming the next District Attorney. Call “The Law Firm to Trust” and we will fight for your freedom.
The Crime of Drunk Driving
Each state has its own set of drunk-driving laws, but there are certain concepts that are common to all. As we all know, it is illegal for a person to operate a motor vehicle after consuming anything to a degree that impairs his or her safe driving ability. Both criminal and civil penalties for drunk driving can be harsh and often include:
- Jail or prison time
- Large fines
- Loss or suspension of license
- Restitution
- Community service
- Substance-abuse treatment
- Restrictive probationary programs
In addition, the social stigma and sometimes the difficulty of dealing with the pain of having harmed an innocent person may have lifelong negative consequences. If you have been charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an experienced criminal-defense attorney that you can trust. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case.
Terminology
The criminal offense of drunk driving goes by a variety of names among the states, including:
- Driving under the influence (DUI)
- Driving while intoxicated (DWI)
- Operating under the influence (OUI)
- Operating while intoxicated (OWI)
- Driving under the influence of intoxicants (DUII)
- Driving while under the influence (DWUI)
In the language of the various state statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise.
Intoxication Defined
One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines and in every state, a person with a blood-alcohol concentration (BAC) over .08 is considered legally intoxicated.
Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving; he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her driver’s license may be revoked or suspended.
BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment.
Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns, and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played.
Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include:
- Finger-to-nose test
- Walk-and-turn test
- Standing on one leg
- Picking up coins
- Horizontal-gaze-nystagmus test
- Counting backwards
- Reciting the alphabet forwards and backwards
- Throwing and/or catching a ball
Driving Requirement
The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually "driving" in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was off? What if the defendant was sleeping there? What if the keys were in the defendant's pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts nationwide have considered various scenarios to determine whether the necessary control over the vehicle was present, and the outcomes vary by state and by the individual circumstances.
Vehicle Requirement
Cars, trucks, and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles, and ATVs, although the types of vehicles contemplated differ by state.
Conclusion
As Americans, we rely heavily on driving to get to work, to socialize, to run errands, and to vacation. Licensed drivers transport children, people with disabilities, and senior citizens to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life. If you face a potential problem with drunk driving, a criminal defense lawyer can fight for you and help protect your interests and those of your family and loved ones.
If you or a loved one has been or may be charged with a crime, Mashney Law Offices is ready to help you. Please call us at (800) 555-6655 or submit an online case evaluation. This is a FREE CONSULTATION.
